The manifesto

Four urgent demands for the protection of the welfare of decapod crustaceans in Italy

In Italy, decapod crustaceans can arrive alive on market counters, causing them great suffering. It is also legal to cook them alive, without killing or stunning them first.

Science has now amply demonstrated the capacity of decapod crustaceans to feel pain and suffering. The European Food Safety Authority (EFSA) and the British Veterinary Association (BVA) have recognised these animals as beings with complex behaviour, considerable learning abilities and a certain level of awareness, capable of feeling pain and therefore deserving of protection.

Yet, despite qualifying as “sentient beings”, decapod crustaceans used for food are still not protected by European animal welfare legislation. This means that the protections granted to other animals during transport, holding and killing are not guaranteed to decapod crustaceans, exposing them to unacceptable practices that cause them prolonged pain, such as being displayed on ice and boiled alive.

The situation in Italy

Italy has no national legislation protecting these animals. Several municipalities have nonetheless introduced regulations setting protection standards for the sale and/or consumption of these animals in restaurants. However, this is an uneven regulatory patchwork, based on differing scientific parameters, which remains inadequate and difficult to enforce.

Italian courts have long recognised that decapod crustaceans deserve protection: this is shown by the convictions of two restaurateurs — in Florence in 2017 and in Milan in 2019 — for keeping live lobsters lying on ice. The Court of Cassation has already made clear that this practice constitutes a criminal offence because it is contrary to these animals’ nature. Cases like these, however, further highlight the absence of a national law that clearly and systematically protects decapod crustaceans from practices incompatible with their welfare.

What is happening in other countries?

Around the world — in New Zealand, for example — as well as in Europe, in Switzerland, Austria and Norway, national rules on the treatment of decapod crustaceans already exist. Recently, decapod crustaceans were also recognised as sentient beings in the United Kingdom. The adoption of a law protecting these animals’ welfare in Italy could set an example in Europe, prompting other states to take this step.

What we are asking for

The fishing of these animals is growing faster globally than that of any other group of animals. It is therefore urgent and necessary to introduce national legislation that protects them adequately, in line with the most recent and reliable scientific evidence. This is a case where Article 9 of the Italian Constitution — which places on the State the duty to regulate the ways and forms of animal protection — must be put into practice.

Through this manifesto, we call for:

These demands are straightforward solutions, some already in place in other countries. We therefore ask Italy to heed society’s growing calls on behalf of these animals, becoming a virtuous model for the rest of the world.

1. A ban on keeping live decapod crustaceans in direct contact with ice or in ice water, as this practice causes suffering and endangers their health and welfare;
2. A ban on boiling decapod crustaceans alive (including slowly raising the water temperature), as this causes prolonged suffering;
3. A ban on the direct sale of live decapod crustaceans to consumers (including online purchases), since in these cases there is no way to verify how the animals are kept, handled and killed, posing a risk to their welfare;
4. Legal recognition of decapod crustaceans as sentient beings, capable of feeling pain and suffering like other animals already recognised as such — mammals and birds — in light of the extensive scientific evidence supporting this.